North

North Carolina, Tennessee Sign Air Quality Pact For Pristine Areas

ASHEVILLE -- Tennessee joined North Carolina today in signing a final agreement for ensuring that new industrial emissions do not degrade air quality in the Great Smoky Mountains and other pristine natural areas.

The agreement, or memorandum of understanding (MOU), establishes formal procedures for reviewing permit applications for new or expanded utilities and other large industries. The procedures only apply to North Carolina facilities whose air emissions could be large enough to affect air quality in national parks and wilderness areas -- generally less than a half-dozen permits each year.

"North Carolina is committed to protecting and improving air quality in the Southern Appalachian Mountains," said Wayne McDevitt, secretary of the N.C. Department of Environment and Natural Resources, who signed the document on behalf of Governor Jim Hunt. "This agreement will help us protect air quality and visibility in our most pristine natural areas, from the Great Smoky Mountains to the coast."

The signing ceremony took place at the Grove Park Inn in Asheville, where Gov. Jim Hunt is hosting the Governors' Summit on Mountain Air Quality, a regional conference seeking solutions to air pollution problems in the Southern Appalachian Mountains. Joining McDevitt in signing the document were: Tennessee Governor Don Sundquist; Donald J. Barry, deputy assistant secretary for fish and wildlife and parks, U.S. Department of the Interior; and Elizabeth Estill, southern regional forester, U.S. Department of Agriculture Forest Service.

"Tennessee applauds North Carolina for joining us in our commitment to protect these mountains," Sundquist said. "We urge the other Southern Appalachian states to make the same commitment by also signing the agreement."

The agreement includes a sunset clause, under which the MOU will expire if not signed by at least one other southeastern state by December 31, 2000.

Under the Clean Air Act Amendments of 1977, all national parks and wilderness areas exceeding 5,000 acres were designated as Class I Areas. The act states that federal land managers in the U.S. Department of Interior "have an affirmative responsibility to protect the air quality" in these Class I Areas. In North Carolina, Class I Areas include the Great Smoky Mountains National Park, several wilderness areas in Western North Carolina, and the Swan Quarter National Wildlife Refuge in Hyde County. The agreement applies only to large new and expanding facilities which are expected to emit more than 250 tons of pollutants each year and are located near the Class I Areas.

Despite the requirements in the Clean Air Act, the law does not specify how federal land managers should review air permit applications. As a result, permit review procedures were set on a case-by-case basis -- leading to uncertainties and delays in the permitting process. The MOU is designed to address those issues.

The new agreement establishes procedures for federal land managers to review air quality permits for industries whose emissions could affect Class I Areas in North Carolina and nearby states. Before finalizing the agreement, state air quality officials sought public input from across the state, including public meetings held in Asheville and Raleigh.

Under the new procedures, large new industries located near Class I Areas would be required to meet MOU guidelines, which may include conducting computer modeling, to determine whether their emissions would affect air quality in national parks and wilderness areas. In return, industries would benefit from having a more consistent permit review process and predetermined deadlines for federal reviews. Federal land managers would benefit from receiving notifications about new facilities early in the permit application process but would have 60 days to respond, according to the new guidelines. Previously, there had been no deadline.

The procedures do not give federal land managers the authority to veto permit applications. The state maintains full permitting authority, but federal officials can request stricter controls on facilities whose emissions could degrade air quality in Class I Areas.

Tennessee had signed a similar agreement in 1997, but it expired on December 31, 1998. The new agreement includes several amendments to the previous Tennessee MOU, to clarify the document and respond to comments raised during the public review. The amendments include: the sunset date of December 31, 2000; the notification of federal officials about new facilities at the pre-application meeting; and the 60-day period for federal officials to comment on pending permits.

In addition to the memorandum of understanding, North Carolina has a number of other efforts under way to improve air quality, including:

For more information on North Carolina's Ozone Action/ Air Awareness program, visit the DAQ website at: http://daq.state.nc.us/.

# # #

Contact: Tom Mather (919) 715-7408
Date Posted: 04/08


Return to Press Release Page.